Jammu & Kashmir HC

HC Notice on plea against demand of Additional 9% Token Tax on Motor Vehicles despite payment of life-time Tax

Zahoor Ahmad Bhat Vs Hirdesh Kumar (Jmmu And Kashmir High Court)

Zahoor Ahmad Bhat Vs Hirdesh Kumar (Jmmu And Kashmir High Court) The Division Bench judgment of this court dated 29.4.2021 passed in WP(C) No. 669/2021 connected with WP(C) No. 777/2021 inter alia provides as under: i) That a vehicle once registered in any state of India, shall not be required to be registered elsewhere in […]...

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Discount deductible from Taxable Turnover under J&K Sales Tax

MRF Limited Vs Dy. Commissioner Commercial Taxes and anr. (Jammu and Kashmir High Court)

MRF Limited Vs Dy. Commissioner Commercial Taxes and anr. (Jammu and Kashmir High Court) In the cases at hand, the documents on record reveal that every voucher provides for 1% turnover discount, meaning thereby that the discount has been actually allowed as per the agreement/understanding of the parties. The said discount stand deducted ...

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GST Refund cannot be denied without issuing SCN

Navneet R. Jhanwar Vs State Tax Officer and others (Jammu and Kashmir High Court)

Navneet R. Jhanwar Vs State Tax Officer and others (Jammu and Kashmir High Court) Admittedly, the claim for refund was initially sought to be rejected by respondent No.1 on the ground that it was barred by limitation. Section 54 of the Act provides a period of two years for making an application for refund from […]...

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Credit cannot be denied for merely for non-filing of TRAN-1 form

Neptune Plastics Vs Union of India and others (Jammu & Kashmir HC)

Where the petitioner instead of submitting TRAN-1 form for claiming ITC submitted GSTR-3B. The court held that the petitioner cannot be deprived of the benefit  of claiming the credit lying in its account on the stipulated date only on the basis of procedural or technical wrangles that one form TRAN-1 was not  filled by the petitioner...

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J&K HC dismisses plea challenging alleged house arrest of Farooq Abdullah

Muzaffar Ahmad Shah & ors. Vs  State of J&K & ors (Jammu & Kashmir High Court)

The Jammu and Kashmir High Court declined to entertain pleas filed by the kin of former Chief Minister Farooq Abdullah challenging their alleged house arrest by the State. High Court held that In writ proceedings, a fact is to be supported and proved by authentic documentary evidence. Press cuttings cannot be relied upon as authentic docu...

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Notice U/s. 143(2) not must if return not furnished in response to Notice U/s. 148

PCIT v. M/S Broadway Shoe Co. (Jammu & Kashmir High Court)

PCIT v. M/S Broadway Shoe Co. (Jammu & Kashmir High Court) Admittedly in the instant case, the return was filed by the assessee after the time prescribed for filing return under Sections 139(1) and 139(4) had expired. Therefore, the return filed by the assessee has to be treated as non-est. The proceedings under Section 147 of [&hell...

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Prosecution u/s 276C/277: Burden of proving absence of mens rea is upon accused

Arun Arya Vs. ITO (J&K High Court)

Arun Arya Vs. ITO (J&K High Court) Under the Income-Tax Act, 1961 there are various provisions for compliance with taxing provisions and the collection of taxes. The Income-tax Act seeks to enforce tax compliance in a three fold manner; namely 1) Imposition of interests 2) Imposition of penalties and 3) Prosecutions. In the fight agai...

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Section 10 (23C) (iiiad) Total annual receipts of each institution should be taken separately for the benefit of tax exemption

MS Vivekanand Society of Education and Research Vs CIT (Jammu & Kashmir High Court)

M/s. Vivekanand Society of Education and Research Vs CIT (Jammu & Kashmir High Court) Where there are more than one such institutions, which are under a particular society or trust, such as the assessee society in the present case, the aggregate annual receipts of each of the educational institutions would have to be considered separa...

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Gold converted in jewelery/ ornament eligible for deduction U/s. 80-IB

Pr. CIT Vs Lakesh Handa (Jammu and Kashmir High Court)

Whether the Income Tax Appellate Tribunal was justified in deleting the addition made by the assessing officer by dis-allowing the deduction claimed under section 80-IB of the Income Tax Act, 1961...

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Interest Income not eligible for deduction u/s. 80IB

Asian Cement Industries Vs Income Tax Appellate Tribunal (Jammu And Kashmir High Court)

A bare look at section 80-IB(4) would reveal that reference made to 'profits and gains derived from such industrial undertakings' and not to 'profit and gains derived from any business of the industrial undertaking'. A conjoint reading of Section 80-IB(l) and 80-IB(4) would reveal that the expression 'profits and gains derived from any bu...

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